Problematic aspects in relation to the active subject of the money laundering criminal offence

Abstract

The legal debate regarding the active subject of the money laundering criminal offence is not a new issue in the legal landscape. However, given the complexity of this offence, as well as the duality of international-national regulations, a series of problematic aspects regarding this topic subsist.

In the first part of the study, the possibility of holding a person criminally liable both for the commission of the predicate offence and for the commission of a possible money laundering offence will be analysed, focusing especially on the provision of Law no. 129/2019.

In the second part of the study, starting from the famous "autonomy" of the money laundering offence, certain problematic aspects regarding the violation of the presumption of innocence of a person who is also accused of committing the predicate offence will be addressed.

In the final part of the study, the focus will be on the analysis of the ne bis in idem principle and how it can be reconciled with the criminal liability of a person both for committing the predicate offence and the money laundering offence.